RAMA RAWANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants in Cr. Appeal No. 524 of 1990 were arrayed as A -3, A -4 and A -5 and the appellant in Cr. Appeal No. 26 of 1991 were arrayed as A -1 and A -2 in Sessions Case No. 51 of 1989/ 14 of 1990 before the Additional Sessions Judge, Deoghar. They were tried Under Section 341/34 of the Indian Penal Code as well as Under Section 302/34 of the Indian Penal Code, on the allegation that they after trespassing into the Cane Crushing Unit of the deceased, caused injuries to Saroj Rawani (deceased) by assaulting him with knife, as a result of which the said Saroj Rawani died at Government hospital, Deoghar, where he was removed after the incident.

(2.) THE trial judge, while finding the appellants guilty, as charged, sentenced each one of them to imprisonment for life Under Section 302/34 of the Indian Penal Code. but did not impose any separate sentence against them Under Section 341/34 of the Indian Penal Code. Against the said judgment of conviction and order of sentence, the appellants have preferred the present appeals.

(3.) THE facts, necessary to dispose of the appeal, can be briefly summarized as follows: PW -1, Chakru Rawani, and PW -5, Suresh Rawani, are the cousin brothers of the deceased Saroj Rawani. PW -9, Nageshwar Rawani is the brother of the deceased. They were residents of Kolhabad village within the jurisdiction of Jasidih police station. It is the case of the prosecution that A -1, Pawan Rawani, A -2, Teklal alias Kanhaiya Rawani, A -4, Biro Rawani and A -5, Bal Kishun Rawani picked up a quarrel with PW -9, when he refused to serve cane juice and later went away after threatening the deceased and the witnesses. At about 7.30. p.m. when the deceased was returning to cane crushing unit from his house with the food, on the way, the accused accosted him and thereafter inflicted the injuries on his stomach, back, head and other parts of the body. On hearing cries, PW -1, PW -5 and PW -9 rushed from the sugar cane unit and found the deceased lying on the ground with face downwards. PW -1, who had a torchlight, lighted it on and found accused 1 to 5 running away from the place. The deceased in a feeble voice informed the witnesses that he was inflicted with the injuries by the accused. The injured Saroj Rawani was, thereafter, placed on a cot and taken to Jasidih Police Stiation, where PW -11 sent him to the hospital at Jasidih after preparing an injury report. A written report, Ext. 2, was given by PW -9, Nageshwar Rawani, which was registered as a crime and thereafter investigation was taken up by PW -11, Madhusudan Singh. PW -11 took up the investigation, went to the Jasidih Hospital, where he was informed that the injured Saroj Rawani had been referred to Deoghar hospital. PW -11 went to Deoghar hospital on 28.2.1989 and recorded the statement, given by the deceased, Saroj Rawani. He thereafter proceeded to the scene of occurrence at Kolhabad and prepared the seizure list, Ext.5, for the articles, which he seized at the place. On getting information at 2.00 P.M. that Saroj Rawani breathed his last at the hospital, went to the hospital and conducted the inquest by preparing inquest report, Ext. 6. He, thereafter, sent his requisition to the doctor for conducting autopsy.